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Problems in application on free access to information
Jirovec, Tomáš ; Vopálka, Vladimír (advisor) ; Prášková, Helena (referee)
Problems in Applying the Free Access to Information Act1 By integration of the Charter of Fundamental Rights and Freedoms into the "constitutional order"2 , the Czech Republic declared the acknowledgment of the principles of democratic legal state. Wording of the Charter is in accordance with the most relevant international documents on human rights, therefore it also anchors the right to freedom of expression, closely related to the right to information as the significant means of controlling public administration by engaged public. The diction of article 17 (5) shows that the change in the conception of public affairs administration occurred when the discrete administration was abandoned for the administration publicity principle which ought to be implemented with maximum of openness and transparency. The right to information has found its statutory expression in the Act on Free Access to Information that was passed in the year of 1999. The passivity of the Czech Republic government in regulating the field of providing information forced a group of senators to draft the bill that was finally passed as the mentioned act. The fact that the text of the law did not originate in the government, which has an extensive legislative apparatus at its disposal, is one of the circumstances causing that the...
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Proceedings for administrative infractions in the first instance
Lokvenc, Jan ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
Title of this thesis: Proceedings for administrative infractions in the first instance The thesis deals with administrative infraction proceedings in the first instance, specifically about the steps of administrative office before instituting the administrative proceedings. It is based on the new scholarly literature, incorporates new judicature and takes account of methodologies of Ministry of the Interior and practical problems. In the chapter I there are defined administrative infraction proceedings, its relation to Administrative proceedings Act and the infraction and there is also described the possibility of using analogy. In the chapter II there is description of the main procedural principles of administrative infraction proceedings and their importance to proceedings. In addition to the principles resulted directly from Misdemeanours Act there are also described the constitutional and administrative principles. In the chapter III there is described competence of administrative office in administrative infraction proceedings, namely subject-matter jurisdiction, local jurisdiction and function competence. It deals with the changes of these competences too. Furthermore, in this context the thesis deals with professional competence of persons in authority and with contracts under public law....
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Summary and simplified proceedings in Administrative and Criminal Law with a view to procedure for ticketed administrative infraction
Bitterová, Markéta ; Prášková, Helena (referee) ; Vanduchová, Marie (referee)
Resumé This rigorosum thesis deals with summary and simplified proceedings in Administrative and Criminal Law. Its main part focuses on the procedure for ticketed administrative infraction. It consists of six chapters, aimed at exposition of fast - track procedure for the administrative infraction, administrative procedure to issue an administrative order in set of conditions of Rules of Administrative Procedure and Administrative Infractions Act, special procedure on place, summary proceeding in Criminal Law such as issuance of criminal order, summary pre - trial proceeding and simplified single judge hearing. Finally there is a brief reference to European Administrative Law. An introduction and conclusion are included as well. The most comprehensive part of this thesis concerns with an administrative hearing on a ticket. This chapter is divided into several subsections. First of all, I tried to bring out the short development of this legal institute since 18th century. Then I described crucial concepts connected with this theme and mentioned basic legal regulation. The most important item is that the procedure for ticketed administrative infraction can be conducted just under certain conditions. These are that the administrative delict is reliably found out, a reprimand is not sufficient and the accused...
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First-instance proceedings for administrative transgressions
Novotná, Martina ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
The offence proceedings are a special type of the administrative proceedings, through which the administrative body adjudicate on the accused of the offence and his guilt and punishment. The purpose of the offence proceedings is to find out solution of a question, if the offence was committed and who is responsible for that. The offence proceedings are regulated mainly in the code no. 200/1990 Sb., Act on Transgressions, and subsidiary in the code no. 500/2004 Sb., Administrative Procedure Rules. Also legal principles are very important and influencing the offence proceedings. The offence is the object of the offence proceedings. The offence according to the Czech legal system is considered as a wrongful act which is injurious to the public as the crime is, but the difference between them is that the offence is less serious than a crime. The participants and the administrative body are the subjects of this type of proceedings. The offences are heard by the administrative body and the administrative body decides on rights and impose the obligations towards the offender. The participants of the offence proceedings are the accused of the offence, the aggrieved party, the owner of the thing, that might be confiscated, and the applicant, who put the petition. Before the offence proceedings begin, there is a...
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